While assault and battery can be considered criminal offenses that carry a sentence of imprisonment, they are also regarded as intentional torts. The victim can bring a civil suit to recover money for the damages. Law offices of Paul J Fina in Chicago have a long history of representing victims of intentional torts such as assault/battery, fraud, sexual abuse, defamation, and domestic abuse.
Although they are often used together, assault and battery are two distinct offenses that state law defines. Assault is the threat of harm and the belief that the danger might be fulfilled. Assault doesn't require physical contact or the possession of the ability to execute the threat, and it is sufficient that the victim believes the danger could be fulfilled. For example, pointing a toy gun at someone may be considered assault, even though the offender never made contact with the victim or could execute the threat.
The battery is the unintentional touching of another person, either knowingly or inadvertently, and it does not require legal justification. The battery does not require that the victim be physically harmed, and it is sufficient that the physical contact was infuriating or provocative.
In some cases, an assault or battery lawsuit might not be possible. It might not be possible for a plaintiff to sue a player who intentionally breaks the rules of a contact sport like football, soccer, or basketball. It may also be impossible to bring a civil suit for assault and battery against a player subject to lawful police actions, the defense or property of another person, or combat by mutual consent. However, provocative language does not constitute a reason for assault or battery, no matter how exaggerated.
Although victims of assault and battery may be reluctant to speak out, it is essential to do so to receive the legal advice you need and to get the compensation you deserve. Law offices of Paul J Fina have represented many clients in personal injury and intentional tort cases. For a free consultation, contact us today to learn more about how we can assist you.
Call Us Today For A Free Consultation. Our Lines Are Open 24/7 | Filling An Online Form Or Through Call (630)-960-4141.